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(영문) 대전지방법원 2016.06.23 2015고단3855
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 25, 2013, the defrauded: (a) called the victim C by phone to the victim on or before Daejeon on July 25, 2013; and (b) lent KRW 1.5 million to the victim “the victim has not paid the cost of the construction site.” (c) around August 25, 2013, a loan of KRW 2.5 million has been made on or around the off-site of another construction site and Kim Jong-po site; (d) so if the money has been paid, the principal amount shall be KRW 1.5 million and interest thereon shall be repaid at the rate of KRW 1.5 million and the interest thereon shall be paid at the rate of KRW 35 million,5 million shall also be paid.

D as a joint guarantor.

“A false statement to the effect that it is a joint and several surety for the above borrowed money was drawn up and delivered to the victim a certificate of borrowing under the name of D Co., Ltd.

However, in fact, the Defendant, while there was no other property at the time, committed an obligation, such as taxes in arrears, etc., and the construction site managed by the Defendant was all in a hostile state, and thus there was no intent or ability to repay the amount, even if the Defendant borrowed money from the damaged party, and the Defendant did not lend money unless the victim is appointed as a guarantor at the time.

Despite the fact that a joint and several surety for the borrowed money has not been permitted by D Co., Ltd., the foregoing borrowed money was held in advance.

Using the corporate seal impression of D Co., Ltd., the above documents were forged.

Nevertheless, the defendant deceiving the victim and used the victim on the same day from the victim.

I received KRW 150,000,000 from one bank account as the borrowed money and acquired it by fraud.

2. On July 25, 2013, the Defendant: (a) at the office of the said office located in Seo-gu Daejeon, Daejeon on July 25, 2013; (b) without authority to use money from C to borrow money from C, as set forth in paragraph (1) above; and (c) had been located in F.

A4 The test-type pen shall be written on the paper.

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